Estate Robert Smith v. Marasco

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that plaintiff presented a triable excessive 15 force claim arising from the use of a \special emergency response team\ to enter his home
• holding the fourth element asks if “but for the defendants’ actions, the plaintiff would have been in a less harmful position”
• explaining that party must show an absence of probable cause to win a claim for malicious prosecution
• holding the fourth element asks if “but for the defendants’ actions, the plaintiff would have been in a less harmful position”
• stating that nonmovant “must present affirmative evidence – whether direct or circumstantial – to defeat summary judgment”
• noting that the “knock and talk” exception may apply “[wjhere officers are pursuing a lawful objective, unconnected to any search for the fruits and instrumentalities of criminal activity” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).